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Arbitration and Michigan Divorce

In a Michigan divorce, the parties can agree to arbitration instead of trial.

Arbitration is a form of alternative dispute resolution which is also referred to as ADR.  Arbitration is similar to mediation except the arbitrator can make a binding decision if the parties cannot agree on an issue.

When parties mediate a divorce case, the mediator tries to facilitate a settlement, reviewing the evidence and suggest a compromise.  In arbitration, the arbitrator will typically try to suggest a compromise.  However, unlike mediation, if the parties cannot agree, the arbitrator will make the decision avoiding a trial.

Arbitration can save time and money

Arbitration can save the parties time and money by dispensing with many of the formalities of a trial which can be very expensive and complicated.  

Limited Right to Appeal

When parties agree to arbitration, the right to take an appeal from an unfavorable decision is limited.  This limited right to appeal can save the cost of protracted litigation which is nice unless you are unhappy with the decision.  If a case proceeds to trial in front of a Judge, the right to appeal an unfavorable decision is broad.

Domestic Relations Arbitration Act

In Michigan, arbitration is governed by the Domestic Relations Arbitration Act which provides the statutory requirements of the Arbitration process.  The major provisions of the Act are as follows:

  • Section 600.5071 sets forth the requirements of an Arbitration Agreement
  • Section 600.5073 sets forth the qualifications of an Arbitrator
  • Section 600.5078 addresses the Arbitration award and errors or omissions; and
  • Section 600.5079 addresses the Enforcement of an Arbitration award.

Arbitration is not for everyone as each case has unique challenges.  We are ready to help.

We provide more information on Michigan divorce law than anyone.

Change is rarely easy, sometimes complicated and often emotional.   Let a Michigan divorce attorney experienced in family law help you.  We utilize a team approach to focus on solutions by applying Michigan law properly.  We specialize in helping you focus on your goals, protect your property interests, manage your custody and support interest, and keep you happy in life’s most difficult circumstances.

Our commitment is to solve problems at an affordable cost. We love to settle cases, but are not afraid to fight.

We want to help you manage your situation. Let our exceptional legal team help you . . .

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By:  Daniel Findling

About Findling Law:

I have been in practice for almost 20 years and practice exclusively in divorce and family law.  My practice includes several attorneys who share the core value of practicing law to help people navigate change in their life, without compromising principles.  We have extensive experience in high socio-economic, high profile and high conflict cases which has nurtured a skill set applicable to all divorce and family law cases regardless of socio-economic status.  We recognize that it is the application of the law that is most important aspect of practice.  That is why we provide more free information on divorce and family law than any other Michigan law firm. 

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